NEWSLETTER-2020-metin

238 NEWSLETTER 2020 Review of Arbitration Agreement in Mandatory Mediation Procedures* Att. Fatih Işık Introduction This article points out various discussions that may arise when a party applies for a mandatory mediation procedure despite having an arbitration agreement in place, the impact of an arbitration agreement upon mandatory mediation procedures, and its review by the mediator. Pursuing voluntary mediation procedures by the parties, despite hav- ing an arbitration agreement in place, and/or in addition to it, and the effect of those procedures on the arbitration agreement, does not fall within the scope of this article. Mandatory Mediation and Arbitration Agreement as an Exclusion The condition of applying to mediation prior to filing a lawsuit with the courts was introduced by Law on Mediation in Civil Disputes No. 6325 (“Law No. 6325”) for certain disputes. The violation of this pre-condition is regulated under Article 18/A(2) of the same law, as the refusal of the claim on procedural grounds, without any further action to be taken by the court. Commercial disputes were included in the scope of mandatory mediation pursuant to Article 20 of Law No. 7155 on Procedures of Initiation of Execution Proceedings Regarding the Receivables Aris- ing from Subscription Agreements. It is regulated under Article 5/A of Turkish Commercial Code No. 6102 (“TCC”) that commercial claims concerning the payment of monies or other types of compensation require a completed procedure of mandatory mediation. * Article of March, 2020